** FILE ** This undated police booking photo released by the Los Angeles Sheriff's Department shows Emily Leatherman, Emily Leatherman was moments away from accepting a deal that would have allowed her to escape state prison. But after she indicated she wasn't entering into the deal freely, a judge rejected the bargain and ordered the 33-year-old to stand trial beginning Friday. (AP Photo/Los Angeles Sheriff's Department) less

** FILE ** This undated police booking photo released by the Los Angeles Sheriff's Department shows Emily Leatherman, Emily Leatherman was moments away from accepting a deal that would have allowed her to ... more

Photo: AP

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Photo: WYATT COUNTS, Associated Press

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Cusack's alleged stalker ordered to stand trial

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A woman accused of stalking actor John Cusack will stand trial after a last-minute plea deal fell through.

Emily Leatherman was moments away from accepting a deal Wednesday that would have allowed her to avoid state prison. But after she indicated she wasn't entering into the deal freely, a judge rejected the bargain and ordered the 33-year-old woman to stand trial beginning today.

Leatherman was facing her first glimpse of freedom since March, when she was arrested outside Cusack's home. She indicated during the hearing that she felt jail was making her sick and that she wanted to leave.

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She faces four years in state prison if convicted.

Cusack, star of such films as "Being John Malkovich," "High Fidelity" and "Grace is Gone," is expected to testify during the trial.

Leatherman was subdued at first during her court appearance, answering a prosecutor's questions simply and politely.

Her demeanor was drastically different from an August court hearing, during which she berated Judge Susan M. Speer. The judge had just found her competent to stand trial, but not to act as her own attorney.

But during Wednesday's hearing she accused her attorney, Brent Merritt, of using scare tactics to get her to agree to the deal. Merritt, who was appointed against Leatherman's wishes, denied the allegation in court.

Leatherman seemed unsure of the agreement at times, prompting a prosecutor to ask repeatedly her if she wanted to accept the deal.

Her uncertainty led Speer to discard the deal and order jury selection to begin this morning, causing Leatherman to express a willingness to accept the plea deal.

"I want to take it," Leatherman shouted before bailiffs led her off in handcuffs.